GURDEV SINGH EX-CONSTABLE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition involves a challenge to the orders (Annexures P -1 and P -2) passed respectively by the Senior Superintendent of Police, Tarn Taran and the Inspector General of Police, Border Range, Amritsar. The petitioner has prayed that his dismissal from service be declared illegal and the respondents be directed to reinstate him in service with consequential benefits.

(2.) THE petitioner joined service as Constable or 5.8.1989 and served under the various officers till the passing of the order dated 26.4.1993 read with Article 311(2) of the Constitution of India and Rule 16.1 of the Punjab Police Rules. The appeal filed by the petitioner against the order of the dismissal has been rejected by the Inspector General of Police, Border Range, Amritsar. The petitioner has challenged the order of dismissal from service on the ground that no material was available before the competent authority on the basis of which it could possibly form an opinion that it was not reasonably practicable to hold inquiry and that there is no basis for the observations made by the Senior Superintendent of Police that no witness is likely to depose against the petitioner due to the fear of injury to his life. The Appellate Order has been challenged on the ground of non -application of mind. The petitioner has stated that in February, 1992, he was married and had remained absent from duty in connection with marriage because he was not granted leave. He has also stated that he fell ill for some time and was compelled to remain away from duty for some more time. His contention is that mere absence from duty cannot be a ground for imposing a penalty of dismissal from service.

(3.) IN response to the direction given by the Court on 18.1.1995, Shri Randhir Singh, Assistant Advocate General produced before us a file relating to the petitioner which has in all 15 pages. This file contains among other things a report dated 16.4.1993 recorded by the Station House Officer, Police Station, Tarn Taran. This report mentions that the petitioner was absent from duty since 16.9.1992 without any leave or permission and that after reporting for duty on 22.3.1993, he again absented from duty for a period of five days without permission. He once against absented for 8 days. He was transferred to Police Lines, Tarn Taran, by the orders of the Deputy Superintendent of Police City, Tarn Taran. The report goes on to record that he is a habitual absentee and is not likely to become an efficient police official. Then there is a mention that the petitioner is mixed up with terrorists and is helping them by providing information. On the basis of this, the Station House Officer recommended dismissal of the petitioner from service. This report was forwarded by the Deputy Superintendent of Police, Tarn Taran on 17.3.1993 without any comments. On 26.4.1993, the Senior Superintendent of Police, Tarn Taran passed the order of dismissal of the petitioner from service.